Terms and Conditions

Our T's & C's

1.These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by DeviceMedics , Unit 22, Burntwood Town Shopping Centre, Sankeys Corner, Burntwood, WS7 1JR (we or us) to the person buying the services (you).

2.You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.

3.You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation

4.A "business day / working day" means any day other than a Saturday, Sunday or bank holiday.

5.The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

6.Words imparting the singular number shall include the plural and vice-versa.

Services

7.We warrant that we will use extreme care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.

7.1.This is a 4 working day return service starting the day after we receive the device, during busy periods and when additional services are required this service will be extended at our discretion until within a reasonable time period we can complete a repair. Certain repairs carry a 1 to 2 week turnaround time as stated on their order pages on the website.

7.2.We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.

7.3.All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.

Your obligations

8.You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.

8.1.If you do not comply with clause 8, we can terminate the Services.

8.2.We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).

Fees

9.The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.

9.1.In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.

9.2.You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 9.1 also apply to these additional services.

9.3.The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

9.3.1.The call out charge for all collection & delivery, and "on site" repairs must be paid for in full before we can come to your location! The call out charge is non refundable if a repair is viable or not. If we have to return at a later date, then a further call out charge will apply.

9.3.2.In circumstances out of our control that means we cannot complete a repair due to underlying already present damage and the customer does not wish to continue with a repair we will charge for labour costs at £20 per hour to cover time already spent on a repair.

Cancellation and amendment

10.We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 14 days from the date of the quotation, (unless the quotation has been withdrawn).

10.1.Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.

10.2.If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.

10.3.If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

Payment

11.We will invoice you for payment of the Fees either:

a.when we have completed the Services; or

b.on the invoice dates set out in the quotation.

11.1.You must pay the Fees due within 14 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.

11.2.Time for payment shall be of the essence of the Contract.

11.3.Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 10% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.

11.4.All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

11.5.If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.

11.6.Receipts for payment will be issued by us only at your request.

11.7.All payments must be made in British Pounds unless otherwise agreed in writing between us.

11.8.We reserve the right to sell goods after 14 days from the date of payment request in order to recuperate our costs.

11.9.Payment for “pay after repair” orders will only be processed through worldpay.

Sub-Contracting and assignment

12.We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.

12.1.You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

Termination

13.We can terminate the provision of the Services immediately if you:

a.commit a material breach of your obligations under these Terms and Conditions; or

b.fail to make pay any amount due under the Contract on the due date for payment; or

c.are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or

d.enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or

e.convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

Intellectual property

14.We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

Liability and indemnity

15.Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.

15.1.The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.

15.2.We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:

a.any indirect, special or consequential loss, damage, costs, or expenses or;

b.any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or

c.any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or

d.any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or

e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.

15.3.You acknowledge that when we carry out services on your device, it will void your warranty with the manufacturer and when we replace certain parts the serial numbers on these parts will no longer match the original parts. You agree that we will not be liable for any loss or damage caused by this.

15.4.Our liability shall not in any event include any loss of data, profits, business, custom, time, anticipated savings, income, revenue or anything else of a similar nature.

15.5.Waterproof handsets are not guaranteed that they will conform to their original waterproof rating after a repair. We will not be held liable for a device suffering water damage after a repair.

15.6.We will not be held liable where a device has been previously opened and/or inspected by a third party for any other issues that may arise whilst in our possession and during the repairs process.

15.7.Glass only repair services carried out, we accept no liability for damages that occur during the separation process of removing the pre bonded LCD from the existing damaged glass to the new glass.

15.7.1.Glued on back covers on certain handsets can lose the laminated layer or become cracked on removal from the mid frame, we accept no liability for this occurring and would give the customer the option to pay for a new replacement rear cover or ship the handset back with the cover removed.

15.8.Backlight only repair services carried out, we accept no liability for damages that occur during the separation process of detaching the backlight from the LCD. If the LCD is damaged during the Backlight only repair process the customer will be given the option to pay for the full assembly replacement as priced on our website or as quoted via email or telephone or we will return the device to the address specified and refund payment for the original repair.

15.9.Handsets sent in with cracked screens may appear to be fully functional, however, if accidental damage has occurred to a device i.e. it has been dropped / trodden on / water damaged etc. then this could have caused damage to the internal components which may not be apparent initially during pre-testing. The action of opening the device to undertake the repair can sometimes cause the already weakened and unstable component to develop a further fault or cease functioning. Should this occur due to the repair process then we will not be liable. We will notify you of any further repairs that may be required as priced on our website, or as quoted via email or telephone and will request your consent before proceeding. Alternatively we will return the device to the address specified and refund payment for the original repair less labour and return postage costs. Our technicians undertake all repairs with extreme care and skill but we cannot guarantee to prevent further damage to already weakened components. We will endeavour to notify customers if we believe there is a potential for additional faults or damage to occur but it is almost impossible to predict this beforehand.

15.10.Occasionally during the Glass only repair service an LCD Display may incur blemishes including but not limited to small scratches, LCD pixel loss. We accept no liability for this occurring and the orders will be processed under the repair originally paid for.

15.11.During a repair other components and small parts may incur damage, including but not limited to, cables tearing, chips failing. We accept no liability for this occurring and would seek to claim additional charges from the customer to correct this.

15.12.Apple iPhone devices requiring a home button replacement service will no longer have a functional Touch ID as the part is assigned to the motherboard itself. We accept no liability if software issues arise upon installation of software updates or a factory reset being completed.

15.12.1.When sending in your mobile phone for a screen repair or home button repair, theScreenMedic accept no liability if the Touch ID feature does not work after the repair is carried out.

15.13.iPhone backlights are liable to warp slightly under the heat and pressure used during the refurbishment process, therefore it is taken that a backlight may appear slightly different after the glass repair. We accept no liability for backlight change

15.14.iPhone 5 5s 5c 6g 6 plus will receive a new backlight during the repair process if deemed necessary.

15.15.iPhone 6s, 6s plus and iPhone 7 models will not receive a new backlight. We accept no liability for a change in appearance in these backlights

15.16.We accept no liability for insufficiently packaged devices, please ensure they are well protected and secure.

15.17.We accept no liability for faults arising during or after a repair has been completed whilst in our care or back in the customers possession:

15.18.We can not be held responsible for any lost sim or memory cards that arrive with your phone, please remove them before sending in your handset. We accept no liability for lost memory or sim cards.

15.19.We will endeavour to test all device functions in our possession before attempting a repair. If we are unable to test a device due to a pin or pattern lock we will repair the device without function testing. We accept no liability for faults with a device that has not been tested prior to a repair.

15.20.You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.

15.21.Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Risk Free Repairs

15.1.1.During a repair any of the following which may occur, may include but is not limited to: Pixel loss, Backlight change, Pink line (Samsung Edge models); this does not constitute a display as failing the refurbishment process and will therefore will be processed under the original repair agreement.

Circumstances beyond a party's control

16.Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

Communications

17.All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

17.1.Notices shall be deemed to have been duly given:

a.when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

b.when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;

c.on the fifth business day following mailing, if mailed by national ordinary mail; or

d.on the tenth business day following mailing, if mailed by airmail.

17.2.All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

No waiver

18.No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

Returns

19.We will attempt a re-repair on your device twice after the initial repair. If after this, the device is still faulty we will issue a refund (less postage costs). We will need to view the device to ascertain it is faulty before to issuing a refund.

Trade Order Returns

20.You have the right to return a faulty or non working display within 14 days from the receipt of your order. Please note, that we reserve the right to refuse the return due to physical damage caused by the customer during fitting of the display.

20.1.We will test all items returned and will contact you to arrange a refund of the initial repair cost.

20.2.If applicable we will deduct the refund from a current order.

20.3.Any refunded broken or non working trade returns will not be returned to the customer.

Severance

21.If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

22.These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.

Warranty

23.All repairs come with a 3 month parts and labour warranty from the date the device is returned to the customer, the warranty only covers parts used in a repair that have been supplied and fitted by us. i.e. glass only repairs, the warranty covers the glass we supply and fit, it does not cover the underlying display or any other parts not supplied by us. Warranty does not cover accidental damage. A proof of purchase or receipt is required to benefit from the warranty provided.